Gutierrez

I

Introduction

Defendant and appellant Cipriano Gutierrez was charged with one count of second degree robbery in violation of Penal Code section 211. It was further alleged that Gutierrez personally used a knife in the commission of the offense (§ 12022, subd. (b)(1)). It was also alleged Gutierrez had been convicted of one serious or violent felony (§§ 1170.12, subds. (a)-(d), & 667, subds. (b)-(i)), as well as two additional felonies within the meaning of section 1203, subdivision (e)(4).

Following the denial of his motion to bifurcate the issues of guilt and the validity of his prior convictions, a jury found him guilty on the charged offense. The jury also found true the allegation that he had personally used a knife. After a court trial, the allegation that Gutierrez had suffered a prior conviction which qualified as both a “strike” and a five-year serious felony enhancement was found true.

Gutierrez was sentenced to state prison for a total of 11 years, given credit for 210 days of presentence custody and ordered to pay a restitution fine of $200 (pursuant to § 1202.4, subd. (b)). The trial court reserved jurisdiction to order direct victim restitution pursuant…